RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        16 November 2006
      DOCKET NUMBER:  AR20060004872


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Joyce A. Wright               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Jeffrey C. Redmann            |     |Chairperson          |
|     |Mr. Robert W. Soniak              |     |Member               |
|     |Mr. David W. Tucker               |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that he be awarded the Purple Heart.

2.  The applicant states, in effect, that mine fragments entered his body
when a mine blew up under the truck and it was treated as a large scratch.
In September 2005, an x-ray was taken which revealed fragments in his left
proximal femur.  However, he adds, there would be no documentation in his
service medical records to show that he was treated by the field medic and
returned to duty.

3.  The applicant provides a copy of his WD AGO Form 55 (Honorable
Discharge - Enlisted Record); a copy of a CD (compact disc) from Bozeman
Deaconess Hospital indicating that the applicant had small bullet fragments
projecting over the proximal femur; two buddy statements; and a letter he
prepared on 16 February 2006, on Veterans Affairs Division (VA) stationery,
in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 13 September 1944, the date of his discharge.  The
application submitted in this case is dated 27 March 2006.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's military records were lost or destroyed in the National
Personnel Records Center fire of 1973.  Records available to the Board were
obtained from alternate sources and show that he was inducted and entered
active duty (AD) on 20 February 1941, and was trained as a supply
specialist.  He served in the European Theater of Operations (ETO) from
12 December 1942 to 15 June 1944.  He was promoted to staff sergeant on
13 February 1944.  He was honorably discharged from AD on 13 September
1944.

4.  The applicant's WD AGO Form 55 shows that he was awarded the European-
African-Middle Eastern Campaign Medal with three bronze service stars, the
Good Conduct Medal, the Bronze Star Medal, and the American Defense Service
Medal.  His WD AGO Form 55 does not show any additional awards.

5.  The applicant's WD AGO Form 55 shows the entry "None" for wounds
received in service.  There is no record that the applicant was awarded the
Purple Heart.  There also is no evidence in his records to show he was
wounded or treated for wounds as a result of hostile action.

6.  The applicant's records contain a copy of a Surgeon General's Office
(SGO) Hospital Listing, which shows that the applicant was admitted to the
hospital in March 1944, while serving in the ETO.  He was diagnosed as
having edema, angioneurotic, not a wound or injury as a result of enemy
action.

7.  The applicant's records contain a copy of a SGO Hospital Listing, which
shows that the applicant was admitted to the hospital in April 1944 while
serving in the ETO.  He was diagnosed as having Edema, angioneurotic, and
psychoneurosis, anxiety (including hypochondriasis), not a wound or injury
as a result of enemy action, and was hospitalized for 141 days.

8.  The applicant provides a copy of an X-Ray report from Bozeman Deaconess
Hospital with an examination date of 31 August 2005.  The reports states
that a supine AP view of the abdomen was submitted by comparison imaging.
A normal bowel gas pattern was seen.  Some vascular calcifications in the
region of the splenic artery was noted, but no metallic fragments projected
over the abdomen or pelvis.  Some small bullet fragments were noted
projecting over the proximal femur.

9.  The applicant provides two buddy statements which describe and
elaborates on the incidents that occurred while they served with the
applicant in the ETO.  They indicate that they firmly believed (emphasis
added) that the applicant was wounded on Anzio Beachhead in Italy 1944.
One of the applicant's war-time friends states he did not recall the extent
of the applicant's injury but he recalls hearing that a vehicle from their
unit had detonated a landmine and was disabled.  Both statements indicate
that they believe his injury was caused by enemy action.




10.  The applicant provides a copy of a letter, dated 16 February 2006,
that he prepared on VA (of Montana) stationery.  The applicant made the
following statement:  In May or June 1944 in Anzio, Italy, during World War
II, he was moving into position during one of the campaigns he was involved
in (Tunisian, Sicilian, Italian).  He was on the battlefront and a mine
blew up under the truck in which he was a passenger and injured his leg.
He reported to sick call and the field medic advised him that it was just a
"deep scratch" on his leg.  He advised the medic that he was sure it was
more than that since he was experiencing residual effects from this
incident following the normal healing process.

11.  In September 2005, at Bozeman Deaconess Hospital, the applicant
indicated that he was experiencing abdominal pain and had an X-Ray taken.
The X-Ray indicated bullet fragments projecting over the proximal femur.
The applicant provided a CD from the hospital, an X-Ray report, and a note
card from the X-Ray technician pertinent to the findings.

12.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple
Heart is awarded for a wound sustained as a result of hostile action.
Substantiating evidence must be provided to verify that the wound was the
result of hostile action, the wound must have required treatment, and the
medical treatment must have been made a matter of official record.  This
regulation also provides that there is no statute of limitations on
requests for award of the Purple Heart.

13.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
World War II Victory Medal.  It is awarded for service between 7 December
1941 and 31 December 1946, both dates inclusive.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was diagnosed as
having edema, angioneurotic, and psychoneurosis, anxiety (including
hypochondriasis), not a wound or injury as a result of enemy action, and
was hospitalized for 141 days during World War II.

2.  The applicant alleges that mine fragments entered his body when a
mine blew up under a truck he was a passenger in and it was treated as a
large scratch.





3.  There is no medical evidence of record, and the applicant has
provided insufficient evidence, which shows he was injured or wounded due
to hostile action during World War II.  There also is no evidence in the
available records to show that he was treated by a field medic and
returned to duty.  The evidence shows that the applicant authenticated
his enlisted record on the date of his discharge.  The applicant's
enlisted record clearly shows he did not receive wounds while in service.
Therefore, there is an insufficient basis upon which to approve an award
of the Purple Heart.

4.  The applicant provided a copy of a radiological report which indicates
that some small bullet fragments were noted projecting over the applicant's
proximal femur.  The applicant provided a copy of a letter, that he
prepared on VA (of Montana) stationery, in which he described incidents
that occurred regarding his alleged injury to this leg in May/June 1944 in
Anzio, Italy, during World War II.  These documents were considered in this
case; however, it should be noted they were prepared 60 years after the
alleged incident, after his discharge, and are insufficient to support his
request for an award of the Purple Heart.

5.  The statements provided by the applicant's war-time friends are
inadequate and do not support award of the Purple Heart.  In addition to
there not being a record of medical treatment, these statements only state
what they believe to have been the case.  The statements are based on
hearsay and can not be considered as eyewitness statements.

6.  The applicant served on active duty during the qualifying period for
award of the World War II Victory Medal.  Therefore, he is entitled to
correction of his records to show this award.

7.  Evidence shows that the applicant’s records contain administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant’s records will be accomplished
by the Case Management Support Division (CMSD), St. Louis, Missouri, as
outlined by the Board in paragraph 2 of the BOARD
DETERMINATION/RECOMMENDATION section below.

8.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 13 September 1944, the date of his
separation from active duty.  The ABCMR was not established until 2 January
1947.  As a result, the time for the applicant to file a request for
correction of any error or injustice expired on 1 January 1950.  The
applicant did not file within the
3-year statute of limitations.  However, since award of the Purple Heart is
not governed by a statute of limitations, it is appropriate to waive
failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___JCR__  __DWT _  __RWS__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned for award of the Purple Heart.

2.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned to show award of the World War II Victory Medal.




                                  _____Jeffrey C. Redmann_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060004872                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061116                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19440913                                |
|DISCHARGE AUTHORITY     |AR 615-360 . . . . .                    |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY/w note                             |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |

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